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sioners, and illness on my part confining me to my house, some delay in acknowledging your esteemed favor of the 3d inst. has been necessary.

While the prompt and courteous manner in which the officers of your company have responded to our inquiries heretofore, and the informal assurances we have had from some of them have induced the belief that no refusal would be made to any reasonable request for information in the future, it will be to the Commissioners additional satisfaction to know that your denial of the validity of the law under which the Commission was organized, is mainly or wholly confined to those provisions which "fix the compensation of railroad companies for the transportation of freight and passengers," that you "do not dispute the right to appoint Commissioners, and devolve upon them the duties usually appertaining to that office."

It has been our purpose, in the fulfilment of our plan of conducting the work of the Commission, to supplement our study of the important general questions involved, and our inquires into the history of railway construction, legislation and management in this state, as derivable from public and published records, by a careful examination of the books and records of the several railway companies, and it will be a source of satisfaction that you have been pleased to anticipate our request, by politely inviting the Commission to make such investigation of the records of the Chicago, Milwaukee and St. Paul railroad Company.

Touching your allusion to “ a recent public address" by His Excellency, Governor Taylor, in which he is reported to have made certain statements concerning the loss entailed by the Potter Law on the roads mentioned in class "A," I am not able to speak advisedly, my illness having prevented the reading of the address at the time of its publication, and no copy of the same being now at hand.

I may say, however, that from data contained in the published reports of the Chicago, Milwaukee and St. Paul Railroad Company, and data furnished upon request by the general freight agent of the company, the Commission have mathematically reached the conclusion that the difference between the receipts of that company on the freight business of 1873, had the same been done under the tariffs adopted by it last April, and the amount that would have been received on the same business had it been done under the provisions of chapter 273 of the laws of 1874, is less than five per cent., the calculation being confined to the business done within the state.

You are perfectly right in assuming that the Commission have no other purpose than to deal justly and impartially with the important matters entrusted to them; and that they fully intend to make their official report as complete as possible, and trustworthy in every respect.

I have the honor to be, very respectfully,

Your obedient servant,

JOHN W. HOYT, Railroad Commissioner.

[CIRCULAR No. 12.]

INQUIRIES AS TO ACTUAL PRESENT VALUE OF RAIL

ROADS.

[Addressed to all Wisconsin Railroad Companies. Answers published in another portion of this volume.]

OFFICE OF THE BOARD OF RAILROAD COMMISSIONERS,

MADISON, Sept. —, 1874.

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The undersigned Railroad Commissioners, being required by law to report to the state upon the cost of all lines of railway within the state, have, by resolution, determined to request of each of the several companies owning and representing the same, to procure and submit to the Board a detailed estimate of the actual present value of the road or roads, and each branch or division thereof, if branches or divisions exist, under their control in this state; such estimate to be made regardless of original cost or capital, or of debt incurred therefor, and to specify separately the present estimated cash value of the real estate, right of way, grading and masonry, bridges, superstructure, station and other buildings, engines and cars, and of every other sort of equip. ment and property belonging to each of said roads and essential to their operation, respectively, as aforesaid; such estimate to be so made, likewise, as to include a statement of the sources of information, as far as may be, upon which the estimate in each case is based,-whether upon actual observation by officers, or upon special surveys and calculations by engineers or others having practical experience in the construction of the road or branches described.

In pursuance of this resolution, we respectfully request of you such an estimate of the Company's road at the earliest day practicable. With a view to mutual convenience, as well as to completeness and uniformity of the estimates reported, we enclose berewith a black form, upon which please insert said estimate in detail.

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COMPARATIVE ACCOUNTS.

THE COMMISSIONERS TO THE PRESIDENTS OF THE C., M. & ST. P. R. R. AND THE C. & N. W. R. R. Cos.

OFFICE OF RAILROAD COMMISSIONERS,

To the President of·

Railroad Company:

MADISON, Sept. 21, 1874.

DEAR SIR: I have the honor to transmit a copy of the following resolution this day adopted by the Board of Railroad Commissioners of this state, to wit:

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Resolved, That the clerk of this board be directed to write to the officers of those railroad companies about to conform to the provisions of chap. 273, laws of 1874, requesting said officers, on behalf of the commissioners, to keep comparative accounts, as far as practicable, of the fare and freight charged, and amounts received under the requirements of said law, and of the amounts of fare and freight that would have been received under existing rates, for the quarter ending December 31, 1874, and report the same to the commissioners as early as possible at the end of said quarter, for the information of the commissioners and the legislature."

Attest: H. A. TENNEY, Clerk of the Board.

INQUIRIES FROM SUPT. W. G. SWAN.

OFFICE WEST WISCONSIN RAILROAD COMPANY,
HUDSON, WIS., Sept. 24, 1874.

H. A. TENNEY, Clerk of Board of Railroad Commissioners:

DEAR SIR: I am in receipt of yours dated 21st inst., and take pleasure in complying with the request therein contained.

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I trust the honorable gentlemen composing the board may use their authority to the best advantage with an eye single not only to the fulfilment and carrying out of the law, but also as well to protect the rights and destinies of the corporations which contribute so largely to the prosperity of the state.

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DEAR SIR: I wrote you briefly yesterday. * * *There are a great many points connected with the detailed provisions of act 273, which are not fully understood up here; and in fact I doubt if they are properly understood by any management in the state. I refer to one case:

The matter of computing rates from a point on our line to a point, say on the Mineral Point Railway, or on the Sheboygan and Fond du Lac Railway,

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where the distance on the first and last carrying line is twenty-five miles (or under), but the distance over the intermediate roads (of which there would be several) would be two hundred miles or upwards. Query. Would the first carriers be entitled to the arbitrary rate allowed for the first twenty-five miles. If not, why not? And how would the proportions of the other carriers be determined?

Does the law compel our road to pro rate with another in any or every case-say, for instance, on business from Wrightsville, situated on our line, only four miles from Green Bay Junction to Green Bay-the Green Bay and Minnesota road having a distance of one hundred and fifty miles? In such a case the shipment would originate with us. If we are obliged to pro rate are or would we be compelled to furnish a car to go through to Green Bay? And if we are not obliged under the law to pro rate with long lines, what divisions will the law permit us to take of through rates from one point to another, as if both were on the same line? And where is the authority therefor?

While this company will hardly be prepared to adopt in every particular, the provisions of the act on the first of October, for the reason that we first desire light on the matter of construction to be placed upon some of the clauses, which, if taken literally, seem to be impracticable in themselves, still we trust that our course will be such as will satisfy the public as well as the state commissioners and other officials.

We would like very much to talk with the commissioners, and, I am free to say, that I am sure a meeting would result to the benefit and satisfaction of all concerned. I trust they will be pleased to make an early trip to this place. Very respectfully,

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H. A. TENNEY, Esq., Clerk of the Board.

W. G. SWAN,

General Superintendent.

THE COMMISSIONERS TO SUPT. SWAN, IN REPLY.

OFFICE OF RAILROAD COMMISSIONERS,

MADISON, Sept. 29, 1874.

W. G. SWAN, Esq., Gen'l Supt. West Wisconsin R. R. Co.:

DEAR SIR:-I am directed by the Railroad Commissioners to make the following answer to your esteemed communication of the 25th ult., prompt attention to which was delayed by the Inter-state Conference of Railway Commissioners, but recently adjourned.

In the absence of special detailed provisions for the determination of questions which will probably arise under chapter 273, Laws of 1874, they will necessarily depend for their solution upon inference from the general terms of the law.

From the wording of the last clause of section 5 of chapter 273, to-wit

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